M 08-04-198035 7
August 4, 198 0
Los Gatos, Californi a
TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chamber s
of the Town Hall at 7 :45 P .M . in regular session .
ROLL CALL PRESENT : Ruth Cannon, MarLyn J . Rasmussen, Peter W . Siemens, Bren t
N . Ventura and Mayor Thomas J . Ferrito .
ABSENT :None .
PLEDGE O F
ALLEGIANCE Given by all in attendance .
MINUTES Mr . Ventura moved for correction of minutes on page 2 - Subject -
Verbal Communications, where Mr . Moore and Mr . Nissen addresse d
Council requesting they and their group of musicians be allowed t o
perform along the downtown streets of Los Gatos . Mr . Ventura state d
he would like minutes to reflect that he had asked staff t o
"develop a permit system to regulate this sort of activity down -
town ." Also, on page 6, under Subject - NO PARKING ON N . SANTA
CRUZ AVENUE, that Mr . Ventura wished minutes to reflect that h e
"asked for report back in 90 days ." Mrs . Rasmussen moved minute s
be approved as corrected . Mr . Ventura seconded . Carried by vot e
of four ayes . Mrs . Cannon abstained .
WRITTE N
COMMUNICATIONS 1 . Claim for damages filed on behalf of Norman I . Beard . Mr .
Ventura moved claim be denied . Mrs . Cannon seconded . Unanimousl y
carried .
2.Claim for damages filed by Attorney Charles W . Meggs on behal f
of Robert Pope . Mrs . Rasmussen moved claim be denied . Mr .
Ventura seconded . Unanimously carried .
3.Letter from Todd Nissen re Council's denial of a permit t o
allow his musician group to entertain people along the street s
of downtown Los Gatos . Mr . Nissen stated the Cultural Resource s
Commission, to whom they were referred, does not want a grou p
numbering only four, with no microphones and amplifiers an d
little professional showmanship . Staff to write Mr . Nissen
stating the request was not denied .It was referred t o
Cultural Resources Commission and we have asked for a staf f
report on the permit system . So ordered .
4.Letter from Los Gatos Chapter of the Daughters of the America n
Revolution requesting the Town of Los Gatos to honor CONSTITUTIO N
WEEK, September 17th through September 23rd, by flying th e
American Flags in the downtown area . Mrs . Cannon moved reques t
be granted . Mr . Ventura seconded . Unanimously carried .
Proclamation to be prepared .
5.Letter from the Los Gatos-Saratoga Board of Realtors, statin g
Attorney General, George Deukemejian has instigated a progra m
to arouse citizen awareness and involvement in reversing th e
rise of crime in California . The Board respectfully request s
that the Los Gatos Town Council endorse the concept of Californi a
Crime Watch and declare September, 1980 as "Stop Burglary Month "in Los Gatos . Mr . Siemens moved to endorse said request an d
declare September as "Stop Burglary Month". Mrs . Rasmusse n
seconded . Unanimously carried . Proclamation to be prepared .
6.Letter from San Jose Water Works advising Council they hav e
filed an application with the Public Utilities Commission fo r
an increase in rates of approximately 13 .05% for 1981, 3 .67 %
for 1982 and 3 .59%for 1983 . Note and filed .
7.Letter from Matthew A . Allen, Mayor of Mountain View, re thei r
firefighters strike and also their Police Association bein g
without a contract at this time and urging Los Gatos Counci l
to reiterate their support in the form of a letter or memorandu m
stating their intention to provide mutual aid,fire or polic e
assistance as might be required by the City of Mountain View .
It was consensus of Council that this letter be noted and filed .
Town Manager stated the Town has a Mutual Aid agreement wit h
Mountain View, re Police assistance .
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August 4, 198 0
Los Gatos, Californi a
WRITTEN 8 . Letter from Adele U . Calderhead, 110 Wood Road, complainin gCOMMUNICATIONSof no curb cuts in some areas downtown . Which is an incon -(CONTINUED)venience to the handicapped such as herself and request s
that prompt action be taken to improve the situation . Town
Engineer, Robert Warnick, stated the Villa Hermosa improve -
ment project that is being undertaken by the Chamber o f
Commerce would include any curb cuts in the downtown area .
Staff to write informing Mrs . Calderhead of this project .
Mr . Siemens requested staff report on the feasibilities o f
program making curb cuts through out the Town . Director o f
Community Programs, Jill Cody, stated the County of Sant a
Clara has allocated $39,000 to the Town of Los Gatos fo r
curb cuts and there is a Los Gatos Access Committee,alread y
established, looking at the past proposals and identifyin g
which priority curbs cuts should come first . Mr . Siemens
stated that is what he is looking for, and if Council coul dhave a report on this .
9 Letter from Planning Commissioner, Dale Hill, urging Counci l
to reappoint Sue Fish to a full term as Planning Commissioner .
File .
10 . Resolution adopted by the City of Pinole, whereas they ar e
urging the Governor to lift the odd-even gas distributio n
system immediately . Mrs . Cannon moved Council support th erequest. Mrs . Rasmussen seconded . Unanimously carried .
BID AWARD Mr . Ventura moved Council accept staff recommendation and awar dROTARY MOWER the bid for the Rotary Mower to Almaden East, Inc ., in the amoun t
of $10,308 .82, and approve supplemental appropriation of $350 .0 0
from the Equipment Reserve Fund to cover full purchase price .Mr . Siemens seconded . Unanimously carried .
NO PARKING Mrs . Cannon moved for adoption of Resolution No . 1980-100 entitled ,N . SANTA CRUZ PARKING RESTRICTION - NORTH SANTA CRUZ AVENUE (between West Mai nBETWEENStreet and Bachman Avenue from 2 :00 p .m . to 7 :p .m . on Sundays).BACHVIAN & W .Mrs . Rasmussen seconded . Carried by vote of four ayes . Mr .
MAIN STREET Siemens voting no .
BUS SHELTER Mrs . Cannon moved Council accept staff recommendation and approv eSUPPLEMENTALa supplemental appropriation of $1,500 .00 from the Town Construct -APPROPRIATION ion Tax Fund for construction of the bus shelter . Mrs . Rasmusse nseconded. Unanimously carried .
ANNEXATIONS Mrs . Cannon moved Council accept staff report on the filing o f"Rochin Terrace No . 2" and "Shannon Road No . 16" annexations toLAFCO. Mrs . Rasmussen seconded . Unanimously carried .
NOTICE OF Mrs . Cannon moved Council accept the Notice of Completion an dCOMPLETIONCertificate of Acceptance o n
Realm Corporation, 15445 Los Gatos Blvd . (Anastasia's )
Los Gatos Museum Air Conditioning (Project 240-RS )
Mrs . Rasmussen seconded . Unanimously carried .
PLANNING Mrs . Cannon moved Council accept Planning's monthly report fo rREPORTMay. Mrs . Rasmussen seconded . Unanimously carried .
POLICE ACTIVITY Mrs . Cannon moved Council accept the second quarter 1980 Polic eREPORTActivity Report . Mrs . Rasmussen seconded . Unanimously carried .
PAYROLL AND Mrs . Cannon moved ,:Ju1y 1980 payroll in the amount of $230,586 .3 2WARRANT DEMANDS and July;A, 1980 warrant demands in the amount of $451,217 .14 b e
FOR AUGUST approved . Mrs . Rasmussen seconded . Unanimously carried .
3 9
Los Gatos, Californi a
CATHOLIC SOCIAL Mrs . Rasmussen moved Council adopt Resolution No . 1980-10 1
SERVICES CONTRACT entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LO S
GATOS APPROVING A CONTRACT WITH CATHOLIC SOCIAL SERVICE O F
SANTA CLARA COUNTY (through October 31, 1980) based on las t
years contract and 1/3 of this years budget of the organization .
Mr . Siemens seconded . Unanimously carried . Mayor Ferrito state d
Mr . Siemens and Mrs . Rasmussen will continue to work as a sub -
committee for further study for the continuance of the contract ,
1,
August 4, 198 0
RENT CONTROL Mayor Ferrito stated this was the time and place for the con -
tinuance of public hearing . Mr . Ventura stated he would agai n
step down from this chair due to conflict of interest . Speakin g
from the audience were Tom Shamaden, Melody Medvin, Shirley Font ,
Alice McSwiggen, Leo Martinez, giving their views on the variou s
reports that were presented at a previous meeting . Bobbi e
Crafford spoke against rent control, stating mediation is th e
answer . Gordon Martin, spoke on the indepth report and survey
presented by the Property Owner's Association, stating the infolm -
ation they had given was incorrect, and urged Council to adop t
rent control ordinance as the mediation ordinance would not help .
Stan Goodstein, apartment owner, spoke on erronous informatio n
presented in report from Gordon Martin . Dave Morrison, state d
rent control ordinance as proposed is unadequate . Others speakin g
on this subject were Dom Salitto, Mary Bolti, Rose Mary Gle n
and Collin Grimes . There being no one else wishing to speak ,
Mrs . Rasmussen moved public hearing be closed . Mrs . Cannon
seconded . Lela Austin, from audience,stated she felt all units ,
single, duplex, etc . should be included in the conciliation
mediation and arbitration ordinance . Mrs . Rasmussen questione d
the staff on cost of said project and funding of same . Jil l
Cody reported on cities who have such a program and where thei r
funding comes from . Discussion was held with regards to increasin g
the business license fees for apartments dwellings at $1 .00 pe r
month per unit, and to do this it would have to be put to vot e
of the people . This amount would pay for the cost of the mediatio n
program . Discussion then was held as to what units should b e
included in the proposal . IvLr . Siemens moved that all units a s
defined on page three of the mediation ordinance be included fo r
the $1 .00 per month additional fee . Mr . Ferrito seconded . ROLL
CALL vote of AYES : Mr . Siemens and Mr . Ferrito . NOES : Mrs .
Cannon and Mrs . Rasmussen . Motion fails . Mr . Siemens moved t o
include all units except single family . Mr . Ferrito seconded .
ROLL CALL vote of AYES : Mr . Siemens and Mr . Ferrito . NOES : Mrs .
Cannon and Mrs . Rasmussen . Motion fails . Mrs . Rasmussen move d
to amend alternative 1 on page two, #2 to read "five units o r
less, condominium unit or planned development". Mrs . Cannon
seconded . ROLL CALL vote of AYES : Mrs . Cannon, Mrs . Rasmusse n
and Mr . Ferrito . NOES : Mr . Siemens . Motion carried . Mrs .
Rasmussen moved measure be put on the November ballot, as t o
whether the Town may levy an additional business license tax o n
all apartments of six (6) units or more in the amount of $1 .0 0
per month per unit, to be collected in such manner as the Counci l
determines . The purpose of this tax is to finance the Renta l
mediation Program . Mr . Siemens seconded . Unanimously carried .
Clerk to check as to latest date measure could be placed on th e
ballot . Mrs . Rasmussen questioned as to guidelines and standard s
for writing an ordinance . Mrs . Cannon suggested Council wait an d
see how the election turns out before preparing an ordinance .
Mrs . Rasmussen stated that by the time the vote on the Novembe r
election,"that is'how long it would take for committee to hav e
a good set of guidelines to put in a resolution, if this is th e
way the Council is going to go ." Mr . Siemens moved for consensu s
motion, "that it is the intent of Council to introduce th e
Mediation Ordinance when the issue of guidelines have been defined ."
Mrs . Rasmussen seconded . Unanimously carried . Mayor stated Mr .
Siemens and Mrs . Rasmussen will constitute the committee to mee t
with Mr . Hill to define standards as reasonable and present sam e
at the meeting of September 2, 1980 .-3 -
360
August 4, 198 0
Los Gatos, Californi a
Mr . Ventura returned to his chair .
PLANNING Mayor Ferrito stated interviews with persons who had submitte d
COMMISSION applications to serve on the Planning Commission had been hel d
APPOINTMENTS prior to the meeting . Mayor stated there are three vacancies an d
nominations are in order . Nominees were Sue O . Fish, Loi s
Chapson, Barbara Spector, Thomas Baer and Diane Forsyth . Loi s
Chapson, Barbara Spector and Thomas Baer received the majorit y
of votes and were appointed to the Planning Commission .
CULTURAL Mayor Ferrito stated interviews with persons who had submitte d
RESOURCES applications to serve on the Cultural Resources Commission ha d
COMMISSION been held prior to the meeting . Mayor stated there were two va -
cancies and nominations are in order . Nominees were Adolp h
Klein, Emerald Hathway and Emma Rau . Mr . Klein and Ms . Rau
received the majority of votes and were reappointed to th e
Cultural Resources Commission .
TOWN GENERAL Mayor Ferrito stated this was the time and place noted fo r
PLAN AMENDMENTS continued public hearing on the amendments to the Town Genera l
Plan . Mr . Bowman reported on allocation trips to differen t
parcels in the Alberto Basin Area . Mr . Eugene Koyner spok e
against any increase of traffic in the area . B . Young spoke
on traffic congestion at Saratoga and Alberto Way . Alan Lamber t
spoke on a proposed development of a medical building to b e
constructed in the basin and stated 3000 trips per day allocatio n
would not be enough for such a development . Helen Koomer state d
an increase of trips per day allocation would increase nois e
factor . Albert Blake and Betsy Duncan spoke in favor of an
increase in allocation of trips per day so the proposed develop -
ment of Mr . Lamberts could be built as that would eliminate a n
access to Pine Street . Mr . Ventura moved for consensus motion
that P Node be applied to property in the Alberto basin are a
and trips be allocated at 3,500 per day using Alternate #4 design -
ating trip allocation in proportion to the acreage under eac h
ownership at follows :
Trips to be allocated 1,05 0
Maggi 33 6
Tang 42 0
San Jose Water Works 11 6
Kelly 8 4
Brunetto 8 4
and access be limited and not extended to Pine Street . Als o
encourage proposed Lambert Development .Mrs .Cannon seconded .
ROLL CALL vote of AYES : Mrs . Cannon, Mrs . Rasmussen, Mr . Siemens ,
and Mr . Ventura . NOES : Mr . Ferrito . Mr . Ventura moved publi c
hearing be closed . Mr . Siemens seconded . Unanimously carried .
Mrs . Cannon moved for adoption of Resolution No . 1980-J.02 entitled ,
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNIN G
AMENDMENTS TO THE LAND, USE, CIRCULATION, ENVIRONMENTAL RESOURCE S
MANAGEMENT ELEMENTS AND THE LAND USE PLAN OF THE GENERAL PLAN .
Mr . Ventura seconded . Unanimously carried .
BLUE PARROT Mayor Ferrito stated this was the time and place duly noted fo r
N . SANTA CRUZ - the continued public hearing to consider the appeal of Plannin g
AVENUE - APPEAL Commission's denial of Conditional Use Permit and Architectur e
and Site application to allow a bar and restaurant at 37 N . Sant a
Cruz Avenue . Council referred to letter received from Attorney
Dennis Nino, representing Steve Thomas, requesting his applicatio n
be referred to the Planning Commission so he could submit revise d
plans . There being no one else wishing to speak on this issue ,
Mrs . Rasmussen moved hearing be closed . Mr . Siemens seconded .
Unanimously carried . After further discussion, Mr . Siemens move d
for adoption of Resolution No . 1980-103 entitled, A RESOLUTIO N
AFFIRMING A DECISION OF THE TOWN PLANNING COMMISSION . (Denial of
the appeal). Mrs . Cannon seconded . Unanimously carried .
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36 1
August 4, 198 0
Los Gatos, Californi a
ANDERSON - ZONE Mayor Ferrito stated this was the time and place duly publishe d
CHANGE POLLARD to consider Planning Commission's recommendation for zone chang e
AND QUITO ROADS from R-1 :20,000 to R-1 :20,000-PD, for property located at Pollar d
and Quito Roads . Ron Enz, representing Brown & Kauffmann Develop -
ers of said subdivision spoke on the rezoning . L . Leiter, 11 7
El Atillo, spoke in support of project . Wayne Brown spoke o n
traffic survey and the compatibility of the architecture whic h
is complimentary to the existing homes in Rinconada Hills . Ther e
being no one else wishing to speak on this matter, Mrs . Canno n
moved hearing be closed . Mrs . Rasmussen seconded . Unanimousl y
carried . After further discussion, Mr . Ventura moved reques t
for rezoning from R-1 :20,000 to R-1 :20,000-PD be denied . Mr .
Siemens seconded . Carried by vote of three ayes . Mrs . Canno n
and Mrs . Rasumssen voting no .
O .L . JOHNS Mayor Ferrito stated this was the time and place duly publishe d
BUILDING CODE to consider the hearing of an appeal of the Building Official's
APPEAL interpretation of the building code . Mr . Robert Baker, Attorne y
representing O .L . Johns, spoke on the appeal re building permi t
revocation . Mr . O . L . Johns gave testimony re changes of buildin g
plans . Linda Thompson (daughter of Mr . Johns) testified as t o
plans that had been presented to building inspector . Archi e
Watson, Building Official, testified a s,to the inspection he ha d
made on the building and changes that had been made which wer e
different than what original plans had called for . Preston Hill ,
Town Attorney and Lee Bowman, Planning Director, questioned Mr .
Johns with regards to the two different set of building plans .
Town Attorney stated if Council reinstates the building permi t
the only thing Mr . Johns can do is build the building accordin g
to the plans . After further discussion, Mr . Ventura on consensu s
motion moved this matter betaken under submission until th e
September 15, 1980 meeting . Mrs . Cannon seconded . Unanimousl y
carried .
APPEAL - TENNIS Mayor Ferrito stated this was the time and place duly publishe d
COURT 15690 GUM to consider the hearing on the appeal of Planning Commission's
TREE LANE approval of the construction of lighted tennis court at 1569 0
Gum Tree Lane . Mrs . Angell was present to answer any questions .
There being no one else wishing to speak on this issue, Mrs .
Rasmussen moved hearing be closed . Mr . Ventura seconded . Unan -
imously carried . Mrs . Cannon moved appeal be denied and adop t
Resolution No . 1980-104 entitled, A RESOLUTION AFFIRMING A
DECISION OF THE TOWN PLANNING COMMISSION . Mrs . Rasmussen seconded .
Unanimously carried .
Mr . Ventura requested a staff report from Planning on hillsid e
lighting . Mr . Siemens moved the matter of hillside lighting b e
referred to Planning Commission . Mr . Ventura seconded . Unanim -
ously carried .
ADJOURNMENT Mrs . Cannon moved meeting be adjourned at 2 :25 A .M ., August 5 ,
1980 and be continued to 8 :00 P .M ., August 5, 1980 . Mrs .
Rasmussen seconded . Unanimously carried .
ATTEST :
i.. , - C Gtr G~
Rose E . Alda g
Town Clerk